Course Objectives: |
First part of the course is an introduction to maritime law i.e. its subject, characteristics, history and sources. The legal nature of a vessel (ship) is the main field of study of the course under which a definition of a vessel, its nature, and the means for owning it are described. Ship regis-try, ship liens and mortgages are also studied. Moreover, the individuals associated with a vessel such as the owner, captain, seamen and association of shipowners are defined and their liability pursuant to international conventions and domestic laws are determined. Second part of the course aims to provide a basic understanding of the general principles of insurance contracts. The explanations will be made under the Turkish Commercial Code. |
Course Content: |
To explain the notions of Maritime law and determines its sources.
To define the commercial meaning of ship
To analyse liability relations between parties.
To explain the notions of association of ship ownership,
To define insurance law institutions,
To define insurance contract and explains its terms.
To determine the scope of the insurance coverage.
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Week |
Subject |
Related Preparation |
1) |
• To explain contracts for the transfer of the ship’s operation
• Maritime contracts: Bareboat Charter and Charter by Demise
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2) |
• To explain contracts for the transfer of the ship’s operation
• Maritime contracts: Time Charter
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3) |
• To identify and apply the liability and indemnity regime. |
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4) |
• Subrogation,
• Liability insurance,
• Subject matter of the contract
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5) |
• Acts and omissions of the insured
• Prescription period
• Compulsory liability insurance
• Life insurance
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6) |
• To identify and apply the liability and indemnity regime governing cargo claims.
• Explain the liability for damage, loss and delay
• Determine the procedure for delivery of goods to the carrier
• Summarise the functions of the bill of lading
• Explain alternatives to bill of lading.
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7) |
• To identify and apply the liability and indemnity regime governing cargo claims.
• Explain the main rules relating to the carrier’s liability for cargo damage and delay.
• Determine the scope of liability
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8) |
• Summarise the basics regarding the burden of proof, notice and time bars.
• Explain whether the rules in Turkish Commercial Code can be avoided by contract or otherwise (whether the Turkish rules are mandatory and if they are to what extent?)
• Explain how to describe cargo in the bill of lading
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9) |
• Explain shipper’s guarantee liability to carrier
• Explain shipper’s need for a “clean” bill of lading
• Explain carrier’s liability imposed on persons other than the carrier
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10) |
• Explain contractual and actual carrier (the problem, entitlement to use a sub-carrier, obligations of the contractual carrier when a sub-carrier is used, the obligations of the actual carrier)
• Explain liability for wrongful delivery
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11) |
• To identify and apply the liability and indemnity regime governing mari-time accidents
• Explain the central rules on liability when only one ship is at fault, when both are to blame
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12) |
• Explain liability for cargo claims and for personal injury |
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13) |
• To identify and apply the liability and indemnity regime governing mari-time accidents
• Define salvage
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14) |
• Explain what property or interests can be subject to salvage.
• Identify the right to salve.
• Explain actions by the salvor which may result in loss or reduction of the salved award and special compensation.
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15) |
midterm exam |
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16) |
midterm exam |
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17) |
• To identify and apply the liability and indemnity regime governing mari-time accidents,.
• Identify the general average act: the principle of common safety and the principle of common benefit.
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18) |
• To explain contracts for the transfer of the ship’s operation |
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19) |
• To identify and apply the liability and indemnity regime. |
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20) |
• To identify and apply the liability and indemnity regime governing cargo claims.
• Define bills of lading and sea waybills
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21) |
• Explain insurance contracts |
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22) |
• Explain insurance contracts |
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23) |
• To identify and apply the liability and indemnity regime governing cargo claims.
• Explain the liability for damage, loss and delay
• Determine the procedure for delivery of goods to the carrier
|
|
24) |
• Summarise the functions of the bill of lading
• Explain alternatives to bill of lading.
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|
25) |
• To identify and apply the liability and indemnity regime governing cargo claims.
• Explain the main rules relating to the carrier’s liability for cargo damage and delay.
• Determine the scope of liability
• Summarise the basics regarding the burden of proof, notice and time bars.
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26) |
• Explain whether the rules in Turkish Commercial Code can be avoided by contract or otherwise (whether the Turkish rules are mandatory and if they are to what extent?)
• Explain how to describe cargo in the bill of lading.
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27) |
pratic lesson |
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28) |
final exam |
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29) |
final exam |
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Course Notes / Textbooks: |
• Kender, Rayegan / Çetingil, Ergon /Yazıcıoğlu, Emine, Deniz Ticareti Hukuku Temel Bilgi-ler Cilt 1, İstanbul, XII Levha, 2014.
• Sözer, Bülent, Deniz Ticareti Hukuku - I (Ders Kitabı) Giriş - Gemi - Donatan ve Navlun Sözleşmeleri, İstanbul, Vedat, 2014
• Kender, Rayegan, Türkiye’de Hususi Sigorta Hukuku, İstanbul, XII Levha, 2013.
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References: |
• Kender, Rayegan / Çetingil, Ergon /Yazıcıoğlu, Emine, Deniz Ticareti Hukuku Temel Bilgi-ler Cilt 1, İstanbul, XII Levha, 2014.
• Sözer, Bülent, Deniz Ticareti Hukuku - I (Ders Kitabı) Giriş - Gemi - Donatan ve Navlun Sözleşmeleri, İstanbul, Vedat, 2014
• Kender, Rayegan, Türkiye’de Hususi Sigorta Hukuku, İstanbul, XII Levha, 2013.
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Program Outcomes |
Level of Contribution |
1) |
List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions. |
5 |
2) |
Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources. |
5 |
3) |
Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice. |
5 |
4) |
Evaluates the knowledge and skills acquired in the field of law with a critical approach. |
5 |
5) |
Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally. |
5 |
6) |
Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework. |
5 |